Enge v. Cass
North Dakota Supreme Court
Appeal from District Court, Mercer County, S. L. Nuchols, J. Action in the nature of quo warranto to determine respondent’s right to hold the office of state’s attorney. From a judgment in defendant’s favor, plaintiff appeals.
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Appeal from District Court, Mercer County, S. L. Nuchols, J. Action in the nature of quo warranto to determine respondent’s right to hold the office of state’s attorney. From a judgment in defendant’s favor, plaintiff appeals. To be eligible to the office of state’s attorney, a person must have been previously admitted to practise in this state as an attorney at law. 4 Cyc. 899; Rev. Codes 1905, §§ 494, 497; Const. § 211; Rev. Codes 1905, § 2494; State v. Russell, 83 Wis. 330, 53 N. W. 441; Jenness v. Clark,' 21 N. D. 150, 129 N. W. 357, Ann. Cas. 1913B, 675. A person who is ineligible to…
1Opinion of the CourtEisk, J.
Action in the nature of quo warranto. Plaintiff at all times mentioned was a citizen and qualified elector of Mercer county, and duly admitted as an attorney and counselor at law in the courts of this state. On July 1, 1912, he was duly appointed to the office of state’s attorney of such county to fill a vacancy then existing therein, which term expired on the 1st Monday in January, 1913. He duly qualified pursuant to such appointment, and entered upon the discharge of his duties, and continued in such office until January 24, 1913.
Defendant at all times mentioned was a citizen and qualified…
2Cases cited27 opinions
- State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
- Searcy v. GrowCalifornia Supreme Court · 1860
- State ex rel. Nourse v. ClarkeNevada Supreme Court · 1867
- Taylor v. SullivanSupreme Court of Minnesota · 1891
- Hoy v. State, ex rel. BuchananIndiana Supreme Court · 1907
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3Cited by12 opinions
- Cummings v. MickelsonSouth Dakota Supreme Court · 1993
- State Ex Rel. Summerfield v. MaxwellWest Virginia Supreme Court · 1964
- STATE EX REL. INDIANA ST. BAR ASSOC. v. MoritzIndiana Supreme Court · 1963
- Cox v. StarkweatherSupreme Court of Colorado · 1953
- New Hampshire Bar Ass'n v. LaBelleSupreme Court of New Hampshire · 1968
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